Sex Offences

Question 1

In all sexual violation cases what 4 things must be proved

Answer 1

• there was an intentional act by the offender involving sexual connection with the complainant
• the complainant did not consent to the sexual act
• the offender did not believe the complainant was consenting
• if he did believe they were consenting the grounds for such a belief were not reasonable

Question 2

Section 128(1)(a) and (b)

Answer 2

(a) sexual violation by rape
- a person
- rapes
- another person

(b) sexual violation by unlawful sexual connection
- a person
- has unlawful sexual connection
- with another person

Question 3

Define rape

Answer 3

Person A rapes person B if person A has sexual connection with person B effected by the penetration of person Bs genitalia by person As penis. Without person Bs consent and without believing on reasonable grounds that person B consents to the connection

Question 4

What is sexual connection

Answer 4

Connection effected by the introduction into the genitalia or anus of one person, otherwise than for genuine medical purposes, a part of the body of another person, an object held or manipulated by another person, connection between the mouth or tongue of one person and a part of another’s persons genitalia or anus, the continuation of connection of a kind described

Question 5

What 3 ways can you prove penetration

Answer 5

1. Complainants evidence
2. Medical exam, Including physical injuries and DNA
3. The defendants admissions

Question 6

What is case law Koroheke

Answer 6

The genitalia comprise the reproduction organs interior and exterior they include the vulva and the labia both interior and exterior at the opening of the vagina

Question 7

What three tests must be proven for a sexual violation

Answer 7

• the complainant did not consent to the sexual act (subjective test)
• the offender did not believe the complainant was consenting (subjective test)
• if he did believe they were consenting the grounds for such a belief were not reasonable (objective test)

Question 8

What is consent and relevant case law

Answer 8

A persons conscious and voluntary agreement to something desired or proposed by another

R v Cox
Consent must be full, voluntary, free and informed. Freely and voluntarily given by a person in a position to form a rational judgement

Question 9

What is case law Gutuama

Answer 9

Under the objective test the crown must prove that no reasonable person in the accuseds shoes could have thought that the complainant was consenting

Question 10

What is section 128A

Answer 10

A person does not consent if:

1. They do not protest or offer physical resistance
2. They allow it because of force applied them or another, a threat to them or another, fear of application of force to them or some other person
3. They are sleeping or unconscious
4. They are affected by alcohol or some other drug that he or she cannot consent or refuse consent
5. They are effected by an intellectual, mental, or physical condition or impairment of such a nature and degree they cannot consent or refuse
6. It is a mistaken ID
7. They are mistaken about the nature and quality

Question 11

Section 129(1) and (2)

Answer 11

(1) attempted sexual violation
- everyone
- attempts to commit sexual violation

(2) assault with intent to commit sexual violation
- everyone
- assualts
- another person
- with intent to commit sexual violation
- of the other person

Question 12

What is case law Harpur

Answer 12

The court may have regard to the conduct viewed cumulatively up to the point when the conduct in question stops the defendants conduct may be considered in its entirety. Considering how much remains to be done is always relevant though not determinative

Question 13

What is case law Forrest and forrest

Answer 13

The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victims age

Question 14

What is case law court

Answer 14

Indecency means conduct that right thinking people will consider an affront to the sexual modesty of the complainant

Question 15

What are the 3 things that need to be satisfied for a defence under 134A

Answer 15

• before the time of the act concerned he or she had taken reasonable steps to find out whether the young person concerned was of or over age of 16
• at the time of the act concerned he or she believed on reasonable grounds that the young person was of or over the age of 16
• the young person consented

Question 16

What is case law leeson

Answer 16

The definition of an indecent assault is an assault accompanied with circumstances of indecency

Question 17

What is section 135

Answer 17

Indecent assault

• everyone
• Indecently assaults
• another person

Question 18

What 3 things must prosecution prove in indecent assault cases

Answer 18

• defendant intentionally assaulted the complainant
• circumstances accompanying assault were indecent
• defendant intended the conduct that a reasonable person would find indecent

If consent is raised;

• the complainant did not consent to the assault
• defendant did not honestly believe the complainant was consenting

Question 19

What is section 130

Answer 19

Incest
It is between 2 people whose relationship is that of parent and child, siblings, half siblings, or grandparent and grand child and the person charged knows of the relationship at the time